General Terms of Use of the Madmagz Service (“GTU”)

Article I. Preamble

The service accessible via the URL madmagz.com is offered by the company Madmagz SAS.

Information about Madmagz is available in the "Information/Legal Notices" section.

The GTU apply to any individual or legal entity browsing the website, whether or not they are registered with the service or have subscribed to an offer proposed by Madmagz.

The GTU are up to date as of September 26, 2024.

The Madmagz Service allows any registered User to create one or more Magazines, either collaboratively or individually, and to organize their publication and public communication under conditions that depend on the Offer subscribed to.

Madmagz reserves the right to modify these GTU at any time.

If you have any questions about the Services, please refer to the Help Center.

Article II. Definitions

The terms identified with a capital letter in the GTU shall have the following meanings:

User Account : Refers to the account opened by the User, granting access to the options available depending on the Offer chosen.

General Terms of Use of the Service (GTU) : Refers to this contract.

Consumer : Refers to any natural person acting for purposes outside their commercial, industrial, artisanal, or agricultural activity (Article preliminary of the French Consumer Code).

Editor Content : Refers to all graphic, visual, audiovisual, textual elements, and hyperlinks integrated into a Magazine by the Editor-in-chief, an Associate Editor, or an Editor.

GAR : Refers to the intermediary of a User Account for a school, allowing the designated User to manage access to digital work environments for teachers and learners.

Graphic Designer : Refers to the creator of a Template, who authorizes Madmagz to make it available under conditions determined by Madmagz as part of the Service.

User Interface : Refers to the interface allowing the Editor-in-chief or Associate Editor to access information about the selected Offer, modify it, or manage the User Account.

Magazine : Refers to the journal created at the initiative of the Editor-in-chief by one or more Editor according to personalized specifications.

Templates : Refers to the template(s) designed by Graphic Designers and selected by the Editor-in-chief or Associate Editor, which serve as the foundation for creating a Magazine.

Offer : Refers to the set of services provided by Madmagz and accepted by the User as an expression of their needs.

Editor-in-chief : Refers to a natural person who creates a User Account to access the Services. The Editor-in-chief initiates the creation of a Magazine from a Template. There is only one Editor-in-chief per Magazine.

Associate Editor : Refers to any natural person who is given responsibility for creating one or more pages of a Magazine by the Editor-in-chief.

Editor : Refers to any natural person who writes Magazine pages under the responsibility of the Editor-in-chief or Associate Editor.

Service : Refers to the website accessible at madmagz.com, allowing for the creation of a Magazine.

User : Refers to any person browsing the Madmagz website and/or creating a User Account to benefit from an Offer.

Article III. Description of Services

1 - Access to Services

Access to the Service by a User is subject to the creation of a User Account using a valid email address and a password chosen by the User.

The User acknowledges being solely responsible for the use and security of their credentials.

Additional access conditions to the Service as part of a paid Offer will be communicated to the User Account holder during the subscription to the paid Offer, if applicable.

Access to the Service is reserved for individuals of legal age who are legally capable of entering into a contract under French law. A minor under the age of 18 must certify acting under the responsibility of a parent or legal representative.

Access to the Service for educational institutions is granted through a designated User using the GAR or other educational management systems such as Pronote, e-sidoc, Corrélyce, or ENT accepted by Madmagz to facilitate access for teachers and students.

2 - Creation of the Magazine

The creation of a Magazine begins with the choice of a Template from a selection offered by Madmagz.

Selecting a Template will open the Magazine creation application, allowing the Editor-in-chief to name their project, save it, add pages, and Editor Content.

By default, the Service is provided free of charge. In this configuration, the Service allows the creation of a Magazine by the Editor-in-chief who can team up with an Associate Editor or an Editor. The free Offer permits collaboration with only one other person.

Users can choose to subscribe to a paid Offer and access additional creation features, allowing the Magazine to be created collaboratively with multiple Users. The Editor-in-chief may then assign roles such as Associate Editor or Editor to manage the Magazine's creation and structure.

A Magazine can be modified as long as the Editor-in-chief has not published it. Draft Magazines appear in the User Interface as "Draft Magazines."

The Editor-in-chief can unpublish and modify a Magazine at any time.

3 - Publication of the Magazine

The decision to publish the Magazine is at the discretion of the Editor-in-chief.

The Editor-in-chief can review both draft Magazines or published versions of the Magazines via their User Interface.

When they wish to share the Magazine with the public, they can click the "publish" button and choose from various options available in the User Interface.

The basic Service is offered free of charge and includes the following features:

A clickable web link to view the Magazine.
An embed code to share the Magazine on any website.

Paid Offers provide additional publishing features, such as:

PDF creation in low or high resolution.
Privacy management options, such as allowing or disallowing social media sharing or search engine indexing.
Customization of the viewer.
Access to Magazine viewing statistics via analytic tools.
Access to the Magazine's source code, allowing publication on a custom URL hosted on User's own servers.

For full and up-to-date features, Users can refer to the pricing page at https://madmagz.com/pricing.

Article IV. Ordering in Paper Format

Regardless of the subscribed Offer, Users can order a Magazine in paper format under the following conditions:

The publication of a paper-format Magazine requires a prior quote request accessible from the User Interface.

Madmagz provides an online tool to estimate printing costs. This estimation is purely informative and non-binding. Only the final price in the shopping cart, as confirmed by Madmagz, is binding.

Printing is subject to the payment of the price, and professional printers handle printing and delivery.

1 - Magazine Delivery Times

Unless otherwise specified in the order confirmation (and excluding magazines over 52 pages, which require an additional seven (7) business days), delivery within the French territory takes up to eight (8) business days. As for the international deliveries, the timeframe is up to fifteen (15) business days for delivery. These delivery periods are calculated from the date of the order confirmation.

Magazines are shipped to the delivery address specified during the order. Delivery costs are borne by the User and are indicated in the User’s cart.

Any delivery dispute must be sent to the contact address provided in these GTU along with all supporting documents.

Any Consumer order is subject to the provisions of Articles L.216-1 and following of the French Consumer Code.

2 - Warranties

The User benefits from the guarantees of conformity and hidden defects under applicable French law.

The User commits to including all required legal notices in the Magazine for any commercial use and acknowledges that Madmagz disclaims any liability in this regard.

Article V. Right of Withdrawal

1 - Right of withdrawal for the creation of Magazines

Consumers have a right of withdrawal within a period of fourteen (14) days.

Unless they waive this right, Consumers will not be able to access the Service before the end of this period.

In this regard, Consumers may choose to waive their right of withdrawal by checking the box when subscribing to a paid feature.

2 - Waiver of the Right of Withdrawal for Orders of Printed Magazines

Any Consumer who orders a printed Magazine created according to their own specifications explicitly waives their right of withdrawal under Article L.221-28 3° of the French Consumer Code.

Article VI. Payment

The Service is only accessible upon full payment of the price unless a staggered payment agreement is approved by Madmagz.

Prices are listed in euros, excluding taxes and inclusive of all taxes (VAT at the current rate), and do not include additional fees (order processing, delivery fees, etc.). Said additional fees are detailed in the online order form.

Payment is made online by credit card at the time of order, via the payment services available on the Madmagz website. An invoice is issued for each order and can be accessed online in the User Account.

Article VII. Intellectual Property

1 - Intellectual Property Rights on the Service

The Contract does not grant the User any intellectual property rights over the Service or any element enabling its operation, or in general over any hardware or software provided by Madmagz.

The User is prohibited from:

Any decompilation or reverse engineering of software or other programs provided for Magazine creation.
Any extraction or web scraping of Madmagz's databases.

The User is authorized to use the Madmagz logo or brand under the strict terms of the subscribed Offer.

2 - Ownership of Templates

The Templates are provided by Graphic Designers who authorize Madmagz to use them strictly within the framework of delivering the Service.

The User is prohibited from using the Templates for any other purpose.

Madmagz guarantees the User against any third-party claims regarding intellectual property rights on the Templates.

3 - Magazine Usage License

The User has a right to use the published Magazines in accordance with the subscribed Offer:

The User may make commercial or non-commercial use of the Magazines.
The User may distribute the Magazines through any media of their choice.
The User may distribute them in the format corresponding to the subscribed Offer.

Article VIII. Responsibility for Editor Content

Madmagz exercises no control over Editor Content.

Editor Content (text, images, videos, sounds, hyperlinks) is the sole responsibility of the Magazine's Editor-in-Chief.

Therefore, Editors-in-Chief agree to:

Ensure that Editor Content is not protected by any intellectual property right or that they have obtained all necessary authorizations to include it in a Magazine.
Defend, Indemnify and hold harmless Madmagz against any illegal Editor Content (defamation, insults, intellectual property infringement, image rights, racism, hate, etc.).

The User agrees that if any illegal Editor Content is reported by a judicial or administrative authority, or through a notification under Article 16 of the Digital Services Act (DSA) entered into force on October 19, 2022, Madmagz will remove the entire Magazine containing the illegal Editor Content from its servers.

Article IX. Madmagz’s Responsibility

Madmagz is bound by a best-efforts obligation in delivering the Service and commits to acting as a diligent professional.

Madmagz’s liability can only be sought in the event of proven failure to meet its obligations in delivering the Service.

The provider will not be liable for commercial loss, customer loss, any commercial disturbance, loss of profits, revenue loss, or loss resulting from damage to reputation and image, editorial choices, or maintenance operations communicated to the User while accessing the Service.

In any case, Madmagz’s liability is limited and capped at the total amounts paid by the User in the twelve (12) months preceding the notification of the issue, unresolved within two days.

Madmagz SAS is not liable for any failure and/or loss resulting from circumstances beyond its control, acts by third parties, or force majeure.

In the event of data loss, Madmagz commits to restoring the latest backup version of the Magazines and Editor Content.

Article X. Duration and Termination

1 - Indefinite Duration Offer

The indefinite-duration Service begins with the creation of a User Account and ends at the discretion of either party.

If Madmagz initiates the termination, the User will have one month to recover their Magazines, Editor Content, and User Account before deletion from the servers.

If the User initiates the termination, they are responsible for saving and backing up their Magazines and Editor Content.

2 - Offre à durée déterminée

For fixed-term offers, the Service lasts for one (1) year from the payment date and is non-renewable.

Neither party may terminate the contract except in the event of a breach of an obligation provided by the GTU.

Article XI. Promotion and Advertising

Madmagz may mention the User as a client of the Service by displaying their name, brand, and/or logo as part of its marketing and public relations efforts.

Article XII. Applicable Law and Competent Jurisdiction

The GTU are governed by French law.

The User is informed that in the event of a dispute, they can contact a consumer mediator under Articles L.612-1 and following of the French Consumer Code.

The User agrees to the exclusive jurisdiction of the courts of Paris.

Article XIII. Contact Information

Any notice to Madmagz SAS should be sent by postal mail to Madmagz at 9 rue des Colonnes – 75002 Paris – France, or by email to [email protected].